SANCTIONS FOR MISCONDUCT SCHEDULE OF TRANSGRESSIONS / POSSIBLE SANCTIONS

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1 GUIDELINES FOR INITIATORS AND CHAIRPERSONS OF DICIPLINARY HEARINGS AND LINE MANAGERS IN GENERAL SANCTIONS FOR MISCONDUCT SCHEDULE OF S / POSSIBLE SANCTIONS NATURE OF PROPOSED ACTION The proposed actions should not automatically be imposed. The nature and circumstances of each individual case should be taken into consideration prior to making a decision. It is compulsory for chairpersons of disciplinary hearings to consult the Labour Relations Unit to ensure corporate consistency in the application of disciplinary action. Sanctions Codes: (D); Sanction short of (SSD); Final Written Warning (FWW); Written Warning (WW) FIRST TRANSGRESSIO N SECOND THIRD VERY SERIOUS (S) : As a guideline, an employee may be dismissed on the first occasion for, inter alia: FOURTH TRANSGRESSIO N COMMENTS AND OR POLICY GUIDELINES Intimidation, Fighting, Assault and or Victimization Sanction short of / Malicious damage to the employer s property or another person s property SSD / Being under the influence of alcohol and or reporting whilst under the influence of intoxicating drugs whilst on duty such that performance is seriously impaired or diminished and/or endangering other employees/public safety. Any act of Dishonesty, Theft, Misappropriation, Unauthorized removal or possession of City Assets. FWW/ SSD/ SSD/ Accepting, extoring or soliciting bribes.

2 Commit Financial Misconduct, Fraud or Corruption. Any act of gross negligence SSD/ Gross insubordination. SSD / Insolence within the rank structure is viewed in a very serious light warranting more serious Wrongful disclosure of privileged information. SSD / Gross dereliction of duties. SSD / Any other act of misconduct which constitutes just cause for dismissal, e.g. unfair discrimination on any arbitrary grounds Falsification of records, as well as documentation, e.g., medical certificates, academic records, etc. Making false statements or giving false evidence. Threatening violence (to do physical injury to any other person) or physically assault. SSD / Making remarks of a racist nature. SSD / Endangering the safety of others. SSD / Sexual Assault / Molestation. Sexual Harassment (utterance, display any unwelcome communication of a sexual nature). SSD /

3 Performing private work after working hours without the necessary/required written permission. FFW / SSD / SSD / Performing private work during working hours (Dishonesty) Abuse/Misuse of his or her position in the municipality to promote or prejudice the interests of any political party. SSD / Participation in Unprotected Strike Action. SSD / Gross negligence causing loss of a Council issued fire arm. Refusing to do any lawfully/reasonably assigned regular work or obey instructions by the designated superior without just or reasonable cause. While on duty conducts himself or herself in an improper, disgraceful, unacceptable, rude, abuse, provocative, aggressive manner. SSD / Insolence within the rank structure is viewed in a very serious light SSD / Misuse of official property, including council vehicles, for private purpose. Absence from the workplace, while on duty, without permission of the Superior. / SSD / The Nature of the specific transgression will determine the appropriateness of the Sanction. SSD /

4 Driving employer s vehicle or any other mobile equipment without authority and or without the required license. SSD / Misuse of employer s or any other mobile Equipment. SSD / Bringing the name of the City of Cape Town into Disrepute. SSD / The Nature of the specific transgression will determine the appropriateness of the Sanction. Conduct unbecoming ( Verbal Abuse). SSD / Loss of the City of Cape Town s property or the property of other staff members as a result of carelessness. Written Warning Final Written Warning SSD Be the cause of serious disruptions in interpersonal relationships SSD / Unauthorized absenteeism and or failure to inform. SSD / The nature of the specific transgression will determine the appropriateness of the sanction. Misuse of official phones, cell phones and fax machines for private purposes, without authorization WW FWW Misuse of official information technology apparatus such as desktop or laptop computers, including viewing, storing and forwarding pornographic and or racial and or derogative electronic material on the City s electronic devices/equipment and or misuse of the City s printing devices. SSD /

5 Flagrant disregard of safety standards SSD / Gambling on company s premises SSD / Failure to follow Standard Operating Procedure SSD / LESS SERIOUS (S) Late coming/absenteeism FIRST Written Warring SECOND Final Written Warning THIRD Sanction Short of FOURTH COMMENTS AND OR POLICY GUIDELINES With regard to the first offence the Normal Procedure will be to Counsel the employee concerned prior to the commencement of Formal Disciplinary Action. Sleeping on duty FWW SSD Depending on the circumstances Disregarding safety regulations where contravention is minor WW FWW SSD Smoking in an area where it is prohibited WW FWW SSD

6 Improper or unprofessional conduct WW FWW SSD Insubordination (less serious) FWW SSD Soliciting of any kind without the City of Cape Town s written permission. Posting, and/or distributing and/or displaying, and/or fixing notices, posters, stickers etc. on City s premises without prior permission. FWW SDD WW FWW SSD Leaving work early without permission WW FWW SSD Smelling of alcohol WW FWW SSD

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